Policies and Procedures
APPOINTMENT AND EMPLOYEE SIGN-ON
IMMIGRATION REFORM AND CONTROL ACT (IRCA)
The University shall hire only U.S. citizens, resident aliens and non-resident aliens who are lawfully authorized to work in the United States.
IRCA requires that the US Citizenship & Immigration Services (USCIS) Form I-9 be completed by the employer no later than three days after the date of hire. Individuals unable to produce required original documents within three days of hire must at least provide a receipt showing that they have applied for a duplicate replacement document. The employee must provide the document itself within 90 days of hire.
All offers of employment letters will include notification that the offer of employment is contingent upon the individual's eligibility to work under the provisions of the Immigration Reform and Control Act of 1986 and providing the necessary documents to satisfactorily complete the Form I-9 of the US Citizenship & Immigration Service.
When determining the employee's identity and employment eligibility, the University shall photocopy the original documents used in completion of the I-9 form.
Eff. 12/96; Rev. 11/04
LOYALTY OATH
Every employee of the University, as a condition of employment, is required by State law to execute a proper oath of loyalty on or before the first day of employment.
The signed and dated loyalty oath is notarized and placed in the employee's personnel file.
Eff. 12/96 Rev. 11/04
NOTIFICATION OF SOCIAL SECURITY NUMBER COLLECTION AND USAGE
The Human Resources Department collects and uses employee's social security number only for the following purposes in performance of the University's duties and responsibilities. To protect the identity FGCU will secure the SS# from unauthorized access, never release the SS# to unauthorized parties, and assign a unique employee identification number. This unique ID number is used for all associated employment and educational purposes.
To ensure that an employee is properly linked to outside governmental entities such as the Internal Revenue Service, the social security number is used for any or all of the following legitimate business purposes:
- Completing and processing the Federal I-9 (Department of Homeland Security)
- Completing, processing & distributing Federal W4, W2, and 1099 (Internal Revenue Service)
- Completing and processing Federal Social Security taxes (FICA)
- Completing and processing quarterly Unemployment Reports (FL Dept of Revenue)
- Completing and processing Florida Retirement Contribution reports (FL Division of Retirement)
- Reporting Work-related injuries (Florida Division of Risk Management), if applicable
- Completing and processing Direct Deposit Files (Bank of America, ACH), if applicable
- Completing and processing 403b and 457b contribution reports, if applicable
- Completing and processing group health, life and dental coverage enrollment, if applicable
- Completing and processing various supplemental insurance deduction reports, if applicable
- Completing and processing immigration related documents, if applicable
Providing the Social Security number to FGCU is a required condition of employment.
Eff. 10/07
MILITARY SELECTIVE SERVICE REGISTRATION
No male applicant between the ages of 18 and 26 who is required to register with the Selective Service System under the Military Selective Service Act, may be offered employment in an authorized position or be promoted to a higher position without proof of such registration.
Lawfully admitted aliens to the U.S. as non-immigrants are not required to be registered with the Selective Service System.
The proof of registration that is required is either a Selective Service Registration card or acknowledgment letter.
For applicants who cannot produce a registration acknowledgment letter or card from the Selective Service, telephone verification of proof of registration shall be obtained by contacting the Selective Service Registration Information Office at 847-688-6888. Documentation of registration must be submitted to Human Resources within three weeks of employment date or action may be taken to begin termination process.
To ensure compliance with the Military Selective Service Act, offers of employment letters will include notification that all males between the ages of 18 and 26 who are required to register with the Military Selective Service System will be required to provide proof of registration prior to the effective date of employment.
Procedure
Human Resources
Obtain copy of Selective Service Registration letter or card from new employee during initial sign-on process.
If actual proof is not available, call 847-688-6888 to obtain telephone verification of registration.
Instruct employee that the documentation must be submitted to Human Resources within three weeks of employment date or action may be taken to begin termination process.
A copy of the Selective Service Registration card or letter will be included in the employee's official personnel file.
Eff. 12/96
NON-REAPPOINTMENT AND RESIGNATION OF NON-UNIT FACULTY AND A&P STAFF
Non-Unit Faculty and A&P employees are expected to give at least a one (1) month notice of resignation, except in an emergency situation.
Non-Unit Faculty and A&P employees, are entitled to written notice that they will not be offered employment according to the notice periods provided below, based upon the employee's length of employment with the University. The notice of non-reappointment provisions shall not apply to those individuals appointed for less than one (1) year, appointed with visiting status, appointed to a multi-year contract, or paid in whole or in part from contracts and grants, sponsored research funds, trust funds, auxiliaries or local funds.
a) For eligible employees in their initial year of employment with the University, notice shall be one (1) month prior to the effective date of the non-reappointment;
b) For eligible employees with one (1) or more years of service, notice shall be three (3) months prior to the effective date of the non-reappointment;
c) For employees in the Executive Service, notice shall be sixty (60) days prior to the effective date of the non-reappointment;
d) The decision not to offer further appointment to an employee shall not be based upon constitutionally impermissible grounds.
In the event of a break in service of more than four consecutive months in a year, only service following such break shall be counted in determining years of employment under this policy. "Break in service" is defined as absence, not including approved leaves of absence, following which the employee is treated as a new employee.
Following receipt of the notice of non-reappointment, an employee may be reassigned to other duties and responsibilities. Regardless of a reassignment, the employee is entitled to the same amount of compensation he/she received prior to reassignment until the effective date of non-reappointment. If the effective date of non-reappointment is subsequent to the expiration date of the employee's contract, the employee shall be issued a temporary contract for the balance of the required notice period.
Procedure
Department Head
Submit recommendation request for non-reappointment to respective Vice President.
Vice President
Approve, disapprove or modify request for non-reappointment. The Vice President shall review the request with Human Resources, EOP and/or a University attorney, as appropriate. The Vice President shall issue the Letter of Non-Renewal to the employee, unless specific authority to issue the notice is delegated to the Department Head.
Human Resources
The Director of Human Resources reviews the employment history and advises the Vice President regarding the length of notice and any other appropriate conditions of the non-reappointment.
Eff. 12/96
OTHER PERSONAL SERVICE (OPS) APPOINTMENTS
The term "Other Personal Services" (OPS) is used to describe an employee/employer relationship for the accomplishment of short term peak workload, or periodic tasks or projects, or it may describe the payment from OPS funds to certain students, temporary labor, adjunct faculty, and consultants.
Every individual paid from OPS shall be assigned to one of the following categories:
1) Student or Graduate Assistants. Individuals must be enrolled as degree seeking students in an accredited secondary or post-secondary program. Included are high school, undergraduate, and graduate students, graduate teaching or research assistants and associates.
2) Part-time Academic Employees. This category is reserved for employees who perform teaching, research or service. They are usually referred to as adjunct faculty.
3) Consultants. These are independent contractors who are retained by the University contractual agreements arranged through the Procurement Department.
4) Temporary Employees. These are individuals employed for the purpose of accomplishing tasks or projects that are normally short-term, peak workload, or periodic in nature.
Individuals who hold OPS appointments in the student or temporary employee categories are paid only for time worked and are subject to the Federal Wage and Hour laws and shall be paid overtime for all hours worked in excess of forty hours during the workweek.
OPS employees are not eligible for group insurance programs, paid holidays, state retirement, tuition vouchers or leave benefits. Non-student OPS employees including adjunct faculty will participate in the FICA Alternative Retirement Plan as a condition of employment. The FICA Alternative Retirement Plan consists of an employee contribution of 7.5% to the plan in lieu of Social Security contributions.
Procedure
Complete the OPS Appointment form. For students paid from College Work Study funds, forward completed form to the Office of Financial Aid for review and approval. Upon approval, Financial Aid will forward form to Human Resources.
For non-CWS students and all non-student temporary employees, submit the completed form to Human Resources for processing.
Adjunct Agreements are completed by the employing department and submitted to Human Resources for processing.
Contractual Agreements for consultants are processed through Procurement Services and the Controller's Office.
Eff. 12/96; Rev. 12/04
OUTSIDE EMPLOYMENT/ACTIVITY REPORTING
A University employee may undertake outside employment or activity provided it does not interfere with the full performance of the employee's assigned duties and responsibilities, and does not constitute a conflict of interest.
Employees shall not use the official association with the University in connection with outside employment.
The use of University equipment, facilities or services in connection with any outside activity shall not be allowed without prior approval and may be conditional upon reimbursement of the use thereof.
Employees considering outside employment must obtain approval in writing, prior to engaging in the outside employment. The Provost approves requests for faculty members. The respective vice president approves requests for A&P employees. The department head approves requests for USPS employees.
If outside employment should continue from one fiscal year to the next, a new "Outside Employment/Activity Approval" form must be submitted and approved for the subsequent fiscal year.
Definitions:
Outside Employment/Activity
Includes any private practice, private consulting, additional teaching or research, employment or other activity, compensated or uncompensated, which is not part of the employee's assigned duties and for which the university has provided no compensation.
Conflict of Interest
Any conflict between the private interests of the employee and the public interests of the university, the University Board of Trustees, the Board of Governors, or the State of Florida, including conflicts of interest specified in Florida Statutes; or any activity which interferes with the full performance of the employee's professional or institutional responsibilities or obligations.
Procedure
Employee
Submit a completed "Outside Employment/Activity Approval " form to the appropriate Supervisor, Dean, Department Head or Vice President for review.
Supervisor, Dean or Department Head, or Vice President
Review and consider approval of the request. Notice of approval or denial of the request shall be provided to the employee. Original should be sent to Academic Affairs for Faculty and Human Resources for A&P and USPS.
Human Resources Department and Academic Affairs
File approved original in the employee's official personnel file.
Form
Outside Employment/Activity Approval - Available on the Share Drive in Forms/HR Forms
Eff. 12/96; Rev. 1/05
SEPARATION FROM EMPLOYMENT
Employee Separation Clearance Process
The University will administer a uniform method of securing the return of assigned property or equipment and the settlement of any outstanding accounts from employees separating from employment. This policy applies to all Faculty, A&P, USPS and OPS employees, excluding students. All persons separating from employment with the University are required to return all State of Florida and University property in their possession and settle their accounts with FGCU prior to receipt of any final payments due them.
Each department is responsible for the return of all property and equipment issued to an employee prior to the separating employee's last day of work. If an employee fails to return issued property, equipment, keys, etc. or accounts are not cleared the department shall initiate appropriate action, including but not limited to, requesting that the Payroll Office attempt to offset any outstanding obligations from final salary payments due the employee.
The separating employee is responsible for completion of the Departmental Separation Clearance Form and submission of the form to his/her immediate supervisor prior to the last day of work. If the separating employee is not available to secure completion of the Departmental Separation Clearance Form, the department shall be responsible for completion of the form. If for any reason, the form could not be completed, the department shall provide written notification to the clearance departments that the employee has terminated. The time required to obtain clearance authorization from the appropriate University department(s) is considered as regular work time.
The University reserves the right to offset any salary payments due the employee to compensate for unreturned property or equipment or unsettled accounts prior to release of final payments to the employee (see Chapter 6C10-5.003, Florida Administrative Code - Employee Debt Collection). The employing department may be responsible for charges associated with unreturned property, keys or equipment.
Procedure
Separating Employee
Prior to the last day of work, the employee should complete the Departmental Separation Clearance Form and return all issued property and/or equipment, keys, FGCU ID card, etc., and arrange for the settlement of any outstanding obligations. The employee will secure signatures on the Departmental Separation Clearance Form and submit completed form to his/her immediate supervisor/department head.
Clearance Departments
Each department responsible for providing separation clearance for employees shall designate an authorized representative to review and sign the Departmental Separation Clearance Form indicating appropriate departmental clearance.
Supervisor and/or Department Head
Require the return of any property, equipment, and FGCU ID card issued to the employee and take action to notify the Payroll Office if there are any outstanding obligations. Sign completed Departmental Separation Clearance form. If separating employee was not available to complete the form, provide written notification of separation to clearance departments. Forward completed form to Human Resources with the employees termination notice, letter of acceptance, Personnel Action Form, etc.
Human Resources
Complete Human Resources portion of the separation form and meet with the employee, if available, to conduct an exit interview. Process the termination of employment and address any issues with the employee related to his/her separation.
Payroll Office
Process employee's final payment, including applicable leave payoffs and initiate appropriate action, when possible, to offset any outstanding obligations of the employee prior to providing final payment to the employee.
Forms
Departmental Separation Clearance Form and Instructions - Available on the Share Drive in Forms/HR Forms
Exit Interview Questionnaire - Furnished by Office of Human Resources
Eff. 12/96; Rev. 4/98
UNIFORMS, CLOTHING, LAUNDRY SERVICES AND FOOTWEAR
It is the policy of FGCU that uniforms, clothing, laundry service, and safety footwear will be furnished to employees only in those instances where it is determined that the furnishing of such items is in the best interest of the University and due to the exceptional or unique requirements of the position.
The provision of uniforms or clothing requires specific approval as a perquisite during each fiscal year. (Refer to policy on Perquisites.)
Uniforms may be required by departments. Departments that require their employees to wear uniforms or clothing will pay for the uniforms or clothing, when approved, from departmental funds. The cleaning of uniforms or clothing may be authorized at the expense of the University, provided the cleaning is specifically approved as a perquisite. Uniforms and clothing may be furnished to employees whose jobs require specific identity or where sanitary clothing is required for the protection of the public or of the employees.
Uniforms may be furnished to:
a) Law enforcement personnel, who must be identified on sight as duly sworn law officers with arrest powers.
b) Security personnel.
c) Employees who direct, regulate or control the activity or admission of the public at University facilities and who because of working conditions, cannot otherwise be readily identified as employees of said facilities.
d) Employees required to traverse public or private lands for the purpose of conducting investigations or inspections, and who perform these tasks in hazardous areas under working conditions where identification and protection of the employees is necessary, or where excessive soilage, wear and damage to the employee's clothing occurs.
e) University personnel such as custodial workers, maintenance employees, and groundskeepers who have access to University housing facilities and need to be readily identified as official employees of the University.
f) Any other personnel approved by the President.
Clothing which is not considered to be a perquisite, and which does not require approval by the President, may be furnished to employees as follows:
i) Outer protective garments, such as smocks and aprons, which are worn over personal clothing, may be furnished to employees who work under conditions where their personal clothing is exposed to excessive soilage or wear due to the nature of the job.
ii) Other apparel for employees working in laboratories or special areas where sterile or extremely clean clothing is needed; gym and sweat clothing, or historic apparel is required on an occasional or as needed basis.
iii) Protective headgear may be furnished to employees who work in hazardous areas where hard hats are required.
All such clothing must be reported in the same manner prescribed for requesting approval of uniforms, clothing, laundry services and safety footwear perquisites.
Special footwear, which is needed for an employee's safety is not a perquisite.
Whether the cleaning of uniforms is to be done by the employee or by the University, shall be determined by departmental policy.
The department approved to provide uniforms or clothing will determine the assignment of colors for the uniforms, markings or insignia to be affixed to the uniforms, and the number of uniforms or clothing, to be assigned to each employee. In addition, each department approved to provide uniforms or clothing, shall be responsible for establishing departmental policies and procedures applicable to the purchasing, issuance, use, cleaning, disposal, and inventory controls required for such uniforms or clothing.
Approved uniforms or clothing shall be worn during working hours as specified by departmental policy. Uniforms may be worn to and from work at the discretion of the department or division head, but are otherwise not to be worn while employee is off duty. If an employee is required to change into uniform prior to beginning work or to change back to personal clothing prior to leaving work, the time required will be included in time worked.
Uniforms or clothing shall be returned to the issuing department when an employee terminates employment or is assigned to a position not approved for the use of uniforms or clothing.
Failure on the part of the employee to adhere to University and departmental policies regarding the issuance and use of uniforms or clothing may subject the employee to appropriate disciplinary action.
Procedure
Department
Request perquisite approval to provide uniforms or clothing to specified employees in accordance with the policy. All requests to provide, or continue to provide, uniforms shall be made in writing for each fiscal year, to Human Resources.
Determine departmental policy and procedure applicable to the purchasing, issuance, use, cleaning, disposal and inventory controls required for such uniforms or clothing approved for issuance to employees.
Human Resources
Review requests for perquisite approval to provide uniforms or clothing to employees.
Employee
Each employee authorized to be issued uniforms or clothing will be responsible for complying with all University and departmental policies and procedures required based upon the issuance of said uniforms(s) or clothing.
Eff. 12/96
